BENSON SONGOK SEREM vs ESTHER CHELAGAT SEREM [2004] KEHC 2219 (KLR)
- Court
- High Court of Kenya
- Case number
- 2219
- Citation
- [2004] KEHC 2219 (KLR)
- Decided
- 29 April 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a dismissal of an application for stay of executionCoramJEANNE GACHECHE
Holding
The application is dismissed with costs as the applicant has failed to meet the requirements of Order XLI rule 4 and has not provided sufficient proof of substantial loss.
Facts
An interlocutory judgment was entered in a matter, and the applicant, Benson Serem Songok, sought an order for stay of execution following formal proof in the subordinate court. He also filed an application for stay of execution of a ruling delivered on 31 July 2003, pending the hearing and determination of the appeal.
Issues
- Whether an order for stay of execution can be made in a case where an interlocutory judgment has been dismissed.
- Whether the applicant has met the requirements of Order XLI rule 4 of the Civil Procedure Rules to seek an order for stay of execution.
Reasoning
The court found that the applicant did not provide sufficient proof of substantial loss and that the application was not in accordance with the requirements of Order XLI rule 4.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Samross Investments Ltd v K.C.F Co. Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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